The House Consumer and Public Affairs Committee in New Mexico convened on February 22, 2025, to discuss significant legislative changes affecting mobile home park regulations and homeowners' associations (HOAs). The meeting primarily focused on House Bill 418, which proposes amendments to the Mobile Home Parks Act, and House Bill 440, aimed at protecting homeowners from aggressive foreclosure practices by HOAs.

One of the key changes in House Bill 418 is the extension of the notice period for non-payment of rent from three days to thirty days. This adjustment aims to provide tenants with more time to address their financial obligations before eviction proceedings can commence. Committee members expressed concerns about how this extended timeline might impact landlords, particularly those who rely on timely rent payments to meet their own financial commitments. Proponents of the bill argued that the change establishes a standard that benefits both responsible landlords and tenants facing financial difficulties.

Another notable amendment in the bill involves the removal of the term "forcible entry and detainer" in favor of a more streamlined legal process for eviction, which is intended to clarify the language of the law. The committee discussed the implications of this language cleanup, emphasizing the need for clarity in legal proceedings related to mobile home parks.

The discussion also touched on the potential challenges tenants might face in retrieving personal belongings if they are subject to a restraining order against another resident in the park. While the bill does not address this specific scenario, committee members acknowledged the importance of ensuring tenant safety and the need for existing criminal laws to handle such situations.

In addition to the mobile home park legislation, House Bill 440 was introduced to protect homeowners from predatory foreclosure practices by HOAs. This bill would restrict foreclosures on liens that are less than twelve months delinquent, less than $5,000, or consist solely of fines. Supporters of the bill highlighted the need for reasonable conditions to prevent homeowners from losing their homes over minor infractions or accumulated fines.

The committee's discussions revealed a strong desire to balance the rights of tenants and landlords while addressing the complexities of mobile home park living and HOA governance. As the bills move forward, the committee will continue to evaluate the implications of these changes on both residents and property owners in New Mexico.